MOBILEHOME PARK RENT STABILIZATION ORDINANCE ("RSO")
The City's Rent Stabilization Ordinance is codified in Article XI, Chapter 18 of the Azusa Municipal Code.
On September 19, 2022, the Azusa City Council adopted certain changes to the City’s Mobilehome Park RSO. Most of these changes clarify certain existing provisions in the RSO, update requirements imposed by state law, and modify provisions authorizing rent increases. These changes became effective on October 19, 2022.
Rent Increase Changes
1. Limiting the rent increases authorized without City approval.
Under the existing ordinance, Park owners and/or Lessors are prohibited from demanding rent exceeding the initial base rent unless authorized. To increase rent without active city approval, a park owner is required to provide written notice to affected tenants and file a statement with the City showing the increase meets several enumerated conditions. Previously, and up until October 19, 2022, park owners could not increase rent greater than the sum of (i) the increase in the Consumer Price Index for Wage Earners (CPI-W) for the 12-month period ending 90 calendar days before the date of receipt of the statement by the City (not to exceed 7% or $10, whichever is greater) plus (ii) the space’s proportionate share of an increase due to a land lease binding upon owner and tenant existing as of December 1, 1991 and/or an increase in a city special tax, benefit assessment, or service charge. The rent increase goes into effect on the anniversary date of the space as established by the park.
As of October 19, 2022, the amended RSO now provides that in order to increase rents without city approval, the proposed rent increase cannot exceed the lesser of:
A. The increase in the CPI-U (Consumer Price Index for All Urban Users) for the 12-month period ending 90 calendar days prior to the date of receipt of the statement by the city; or
B. Five percent (5%).
Written documentation for any increase must still be provided to the City prior to any effective date of increased rent. Written documentation may be submitted to the City via email to email@example.com or by mail to the CIty of Azusa Attn: Community Improvement Division.
2. Use of Neutral Hearing Officer. Under current provisions, in order for park owners and/or lessors to increase rents beyond the limits noted above (without city approval), park owners and/or lessors must obtain approval from a rental review board or park mediation committee. The changes to the RSO now allow a rent increase determination to be made by a neutral hearing officer appointed by the City.
Long-Term Rental Agreements No Longer Exempt from RSO Temporarily
Another important change incorporates an amendment to the Mobilehome Residency Law (Civil Code §§ 798 through 799.11) affecting which tenancies are exempt from an RSO. Under prior state law, rental agreements over 12 months in duration and that met specified criteria in Civil Code § 798.17 were exempt from the RSO. Now, only rental agreements entered prior to February 13, 2020 and pursuant to Civil Code § 798.17(i) and (j) are exempt from the RSO until January 1, 2025, unless that date is extended by state law. Rental agreements entered into prior to February 13, 2020 that do not comply with Civil Code § 798.17(i) and (j) are subject to Azusa Municipal Code Sec. 18-772(a). Those rental agreements entered on or after February 13, 2020 must comply with amended Azusa Ordinance #2022-03. A copy of the amendments to the RSO can also be found by visiting azusaca.gov/MobileHomeRSO.
To determine whether and/or how your rental agreement qualifies, you may also refer to the procedural flow-chart below: